The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-02-05

Dalton was trying TO blackmail Mr..
Goodwin by means OF forged letters.
We prop ose to sho that they are not
forged" added Col. Harris.
I'm other words" said Gen. w right,
In his most sarcastic tone, "they pro.
pose, Your Honor,to show that Dalton
vended genuine goods."
"Lstthe jury retire while the matter
is being discussed" said the Court.
THE JURY AGAIN FIRED.
The jury was thereupon removed,
and Gen. Wright made an argument
in opposition to the admission of the
letters. He commended that Mrs. Dial.
ton could not identity the hand writ
ing; certainly could not swear that
they were written by Mrs. Polk. And
even il they were genuine, thsy were
clearly inadmissible. The plea that
they were offered to show that the
stories told by Dalton we're not sian.
ders was not TO be considered. The
storiee, aud the only stories in the
record, were those that went to Rrs.
sell Goodwin aud had an influence
upon his mind. The reports spread
by D ilton, il true, would have the
same effect upon The defendant as
they would have II false. Gen. Wright
added: Looking at the matter In
the light OF manhood and common de-
cency, 1t is simply an attempt to
besmirch the sister OF the defendant,
and Is the most outrageous PROPOSE
ton ever made in a court OF Justice"
Gen. Chalmers defended Dalton
against the charge OF vending Mrs.
Folks letters. The testimony OF Mr..
God win himself showed that he re.
fused to give up the lie ters, blu. offered
to burn them. You have cut out the
statement OF the dead man. We're we
permitted to introduce it we would
MATERIALLY CHANGE THE EVIDENCE
before the jury. Were we permitted
to introduce the dead mans word we
would show that Mr.. Goodwin was the
first to inquire into the rumor con-
corning the deceased and his daughter,
and when he inquired, "Hsve you
letters from my dsugbtarP" the de-
ceased replied in the affirmative, and
was then asked to surrender them.
Contrary to the declarations OF the de
Tense, that the deceased was vending
genuine articles at go much piece, we
could show that the Matchmaking
scheme was not as dark as repres anted.
We could show that Mr.. Ged win
offered at one time TO set the decea sed
up in business II he would leave the
city; that deceased only asked Mr..
God win to loan him 500, as he had
made up his mi d to leave the city.
When asked by Mr.. Goodwin to sur
render certain letters deceased had in
his possession, he said: "No, sir; I'll
not give these letters to any living
person; but if you demand it, I'll burn
them here and now"
Mr.. GOODWIN EXCITED.
At this point Mr.. ]. r. God win, in
an excited manner, arose and began
to address the Court.
"Sit down, sir," said the Court.
Mr.. Goodwin resumed his seat re-
luctaptly, as he did 80 remsrking in
an undertone, "It's an infamous liz !"
Without noticing the unusual inter.
ruption, Gen. Chalmers proceeded:
Does this look as though the deceased
was attempting to make public the
contents OF the letters he had received
from his sweethesrt2 "Mr. Goodwin"
pursued Gen. Chalmers, chad once
offered him money to start in bus
iness-"
eve object" said Gen. Wright, as
he and Col. CAN'T spraDg to their feet
together. THAT statement is not in
the record"
1.-THE jury ara not here" returned
Gen. Chalmers, "and I don't suppose
the Introduction OF that statement Just
at this time will influence the mind Of
the Court"
WELL, NOT MUCH.
mo, sir; nothing inf aencss this
court" returned Judge DuBose, in q
tone not to be misunderstood.
Mr.. Lehman said thu battle ground
on which counsel were contending
was not chosen by the State. The
Court would remember that the STATE
at the opening of the trial had obj
ed to the introduction OF collateral tes-
timony. The defensA, on the other
hand, went even to Arkansas and to
vt. Louis to get evidence to show t nat
Tom Dalton WAS slanderer. Mr..
Lehman had then insisted thai these
stories were res iater alios, unlt ss told
in the presence OF the defendant. Had
this rule been m ads the trial would
have been ended long sg1, but it has
been protracted by the introduction OF
the very proof which the defense now
sought to deny to the State an oppor-
tunity TO GontroveIt. Mr.. Lehman re-
pudiated the insinuation that they
were
TRYING TO DESTROY THE CHARACTER
OF Mrs. Polk, and twitted the defense
with having been responsible for the
introduction OF her name into the
controversy. The Court had admitted
the scandals in order that the defense
might have an opportunity of eho wing
that they were false. The defense had
opened the door to the entire &C.
Quaintance OF Dalton with Mrs. Polk
and thus paved the way for whatever
might follow. The scope of the test.
mony 30 introduced was to chow the
entire relationship OF the parties from
the beginning, going over the whole
subject. The dsfense did not confine
themselves tn the evidence OF wit
nesses to establish specific facts, but
brought in every thing relating 10 the
subject. They claim that Dalten at.
tempted to blackmsil Mr.. God win by
means OF forged letters. The stats
should be allowed TO show TO the Jury
that this idea was not correct.
THE LETTERS GO.
At the conclusion OF Mr.. Lehman'l
argument the Court said that h,
thought the letters might be submit
ted to the jury to make a com arisor
between the handwriting 10 them anG
that in the letter from Mrs. Polk Il
Mis-, Tyus, which had already beer
proven.
"Will n Ut the contents OF the letter.
90 to show whether or not they wert
written by the same personp" asked
Gen. Chalmers.
"Assuredly. 1t all goes to show tn,
authorship" ssid The Court.